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HELENA RUBINSTEIN, INC. v. BAU

No. 23687.

433 F.2d 1021 (1970)

HELENA RUBINSTEIN, INC., et al., Plaintiffs-Appellees, v. Robert G. BAU and Edna P. Bau, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 9, 1970.

Attorney(s) appearing for the Case

Harold A. Fendler (argued) Albert M. Herzig, Hamer H. Jamieson, Michael Wolf, Beverly Hills, Cal., for appellant.

Charles E. Wills (argued) Harris, Kiech, Russell & Kern, Los Angeles, Cal., Burgess, Ryan & Hicks, New York City, for appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.

DUNIWAY, Circuit Judge:

The defendants Bau appeal from a partial summary judgment in favor of plaintiffs Helena Rubinstein, Inc. and Oscar Wurmbock, (collectively Rubinstein). The Baus, in this patent litigation, filed a counterclaim against Rubinstein asserting the infringement of Bau's patent No. 2,902,041, issued September 1, 1959 (Bau '041). The judgment holds that claims 3, 4 and 5 of Bau '041 are invalid. We affirm, but for a reason different from that stated...

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